SIKIRU AMUSA V. THE STATE

OBASEKI, J.S.C. (Presiding): This is a murder appeal. The Court of Appeal heard the appeal, dealt with it on its merits in the lead judgment of Akanbi, JCA. and instead of dismissing it, struck out the appeal. The Justices made the order striking out the appeal because there was no notice of appeal proved to have been filed. There was a memorandum of grounds of appeal filed referring to the Notice of Appeal dated 30/7/79 but out of abundance of caution the Court of Appeal dealt with all the grounds of appeal and dismissed the grounds of appeal. This appeal is against the dismissal of the grounds of appeal.

I have read and studied the record of proceedings. The facts found by the learned trial judge are not in dispute. The appellant suspected that his wife, the deceased, was having an affair with a soldier co-tenant. Despite the fact that the matter was settled, his mind was still badly affected by the suspicion. Hence, when his wife went to her parents' place and he traced her there …